Legal Question in Business Law in California

Re: service termination dispute

To win the $4,000, she'd have to prove the existence of the oral contract. You'll be in a good position if you have something like a letter to her ending the relationship after 3 months, and also if your friend is willing to tell the court what he understood the original contract to be. The friend's testimony would be especially important if the publicist continued to do work for you after the three-month period.

Re: service termination dispute

Oral contracts are generally enforceable. However, if you never agreed to pay her $10,000, then there simply is no contract for that amount.

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Re: service termination dispute

If there was no oral agreement, then she does not have the right to collect. Further, if there was some type of writing to confirm the agreement that you believe was in effect, then it becomes difficult for her to deny the original terms. If she sues you, with proper representation, you should have a solid defense. Please contact our office if you further wish to discuss the matter.

Re: service termination dispute

When you say, "She is suing me...." do you mean you have already been served with a summons and complaint? If so, you need to take some action to avoid losing by default. Follow the instructions in the summons. If it is small-claims court, probably all you have to do is show up at the time and place set for trial.

In matters like this, where the plaintiff has to prove an oral contract in order to win, the small-claims judge will use his or her instincts to decide whether the plaintiff is probably telling the truth. The plaintiff will have the burden of establishing the existence of a contract, and also the terms of said contract that supposedly obligate you to pay for two additional months.

To refute the attempt to prove her case, you should bring to court any witnesses or any documentary evidence that support your contention that there was no agreement of any kind to pay for two additional months. If the evidence on both sides is roughly equally convincing, you are likely to win, since the burden of proof will not have been met.

Even if she proves an oral contract (which sounds unlikely under the facts you give), there is the question of damages. She is not necessarily entitled to the full $4,000 if she avoided expenses and/or did or could have worked for other clients in the time she's trying to bill to you.

Finally, if you were unsatisfied with the work for which you have already paid, you might want to file a defendant's counterclaim. Buy or borrow a self-help law book on small-claims procedures, or talk with your county small-claims advisor.